2018 -- H 7429

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LC003117

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- EDUCATIONAL/ CHILD CARE

INVOLVEMENT LEAVE

     Introduced By: Representatives Carson, Donovan, Morin, Ranglin-Vassell, and Walsh

     Date Introduced: February 02, 2018

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-48-12 of the General Laws in Chapter 28-48 entitled "Rhode

Island Parental and Family Medical Leave Act" is hereby repealed.

     28-48-12. School involvement leave.

     (a) An employee who has been employed by the same employer for twelve (12)

consecutive months shall be entitled to a total of ten (10) hours of leave during any twelve (12)

month period to attend school conferences or other school-related activities for a child of whom

the employee is the parent, foster parent or guardian.

     (b) The employee must provide twenty-four (24) hours prior notice of the leave and make

a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the

employer.

     (c) Nothing in this section shall be construed to require the leave be paid; except that

under this section, an employee may substitute any accrued paid vacation leave or other

appropriate paid leave for any part of the leave.

     SECTION 2. Chapter 28-48 of the General Laws entitled "Rhode Island Parental and

Family Medical Leave Act" is hereby amended by adding thereto the following section:

     28-48-13. Educational/ child care involvement leave.

     (a) As used in this section, the following words and terms have the following meanings:

     (1) "Child care provider or school emergency" means that an employee's child cannot

remain in a school or with a child care provider due to one of the following:

     (i) The school or child care provider has requested that the child be picked up, or has an

attendance policy, excluding planned holidays, that prohibits the child from attending or requires

the child to be picked up from the school or child care provider.

     (ii) Behavioral or discipline problems.

     (iii) Closure or unexpected unavailability of the school or child care provider, excluding

planned holidays.

     (iv) A natural disaster, including, but not limited to, fire, snowstorm, hurricane, or flood.

     (2) "Parent" means a parent, guardian, step-parent, foster parent, or custodial grandparent

of, or other person acting in loco parentis to, a child.

     (b)(1) An employer shall not discharge or in any way discriminate against an employee

who is a parent of one or more children of the age to attend kindergarten or grades one through

twelve (12), inclusive, or one or more children who receive care from a licensed child care

provider, for taking off up to forty (40) hours each year, for the purpose of either of the following

child-related activities:

     (i) To find, enroll, or reenroll their child in a school or with a licensed child care provider,

or to participate in activities of the school or licensed child care provider of their child, if the

employee, prior to taking the time off, gives reasonable notice to the employer of the planned

absence of the employee. Time off pursuant to this subsection shall not exceed eight (8) hours in

any calendar month of the year;

     (ii) To address a child care provider or school emergency, if the employee gives notice to

the employer.

     (2) If more than one parent of a child is employed by the same employer at the same

worksite, the entitlement under this section of a planned absence as to that child applies, at any

one time, only to the parent who first gives notice to the employer, such that another parent may

take a planned absence simultaneously as to that same child under the conditions described in this

subsection only if they obtain the employer's approval for the requested time off.

     (c)(1) The employee shall utilize existing vacation, personal leave, or compensatory time

off for purposes of the planned absence authorized by this section, unless otherwise provided by a

collective bargaining agreement entered into before September 1, 2018, and in effect on that date.

An employee also may utilize time off without pay for this purpose, to the extent made available

by their employer. The entitlement of any employee under this section shall not be diminished by

any collective bargaining agreement term or condition that is agreed to on or after September 1,

2018.

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     (2) Notwithstanding the provisions of this subsection, in the event that all permanent,

full-time employees of an employer are accorded vacation during the same period of time in the

calendar year, an employee of that employer may not utilize that accrued vacation benefit at any

other time for purposes of the planned absence authorized by this section.

     (d) The employee, if requested by the employer, shall provide documentation from the

school or licensed child care provider as proof that they engaged in child-related activities

permitted in subsection (b) of this section on a specific date and at a particular time. For purposes

of this subsection, "documentation" means whatever written verification of parental participation

the school or licensed child care provider deems appropriate and reasonable.

     (e) Any employee who is discharged, threatened with discharge, demoted, suspended, or

in any other manner discriminated against in terms and conditions of employment by their

employer because the employee has taken time off to engage in child-related activities permitted

in subsection (b) of this section shall be entitled to reinstatement and reimbursement for lost

wages and work benefits caused by the acts of the employer. Any employer who willfully refuses

to rehire, promote, or otherwise restore an employee or former employee who has been

determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or

hearing authorized by law shall be subject to a civil penalty in an amount equal to three (3) times

the amount of the employee's lost wages and work benefits.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- EDUCATIONAL/ CHILD CARE

INVOLVEMENT LEAVE

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     This act would grant parents, guardians, step-parents, foster parents, and custodial

grandparents of or a person who stands in loco parentis to, children attending kindergarten, grades

one through twelve (12), inclusive, or attending a licensed child care provider, to utilize up to

forty (40) hours from existing vacation period time per year for the purpose of educational/child

care involvement leave.

     This act would take effect upon passage.

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